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1968 02 26CHANHASSEN_VILLAGE COUNCIL MEETING FEBRUARY 26, 1968 The Chanhassen Village Council met on February 26, 1968, at 8:00 P.M. to resume the continued meeting of February 19, 1968. The following members were present: Mayor Coulter, Councilmen Hill, Bennyhoff, Pearson, and Klingelhutz. None absent. Councilman Hill stated that on his motion at the February 19th Council Meeting regarding Industrial Ordinance was intended to read as follows: "Councilman Hill moved that the Planning Commission or Committee prepare a series of Industrial Ordinances covering a Planned Industrial District, and one Ordinance for Light Indistrial and one for Heavy Industrial...." On a motion made by Councilman Hill and seconded by Councilman Pearson that the minutes of the February 19th meeting be approved as submitted with the amendment on Councilman Hill's motion as stated above. The following voted in favor thereof: Councilmen Bennyhoff, Hill, Pearson, and Klingelhutz. No negative votes. Motion carried. HIGHWAYS 169 AND 212: Councilmen Klingelhutz and Pearson updated the Council on the meeting they attended last Friday with the neighboring communities. Basically no decisions have been made. Mayor Coulter asked Councilmen Pearson and Klingelhutz if they could prepare a resolution expressing the sentiment on where Chanhassen feels Highway 212 should go by the next meeting. This resolution should just contain the areas within the Village of Chanhassen limits. BUILDING CODE: Adolph Tessness appeared before the Council and explained a preliminary Building Code Ordinance. Attorney Larson stated that he and Councilman Hill have met regarding this Ordinance and the Ordinance will be ready for passage.at the March.4th_ meeting. Mr. Tessness explained to the Council the urgency of the adoption of this ordinance.. FINANCIAL STATEMENT: Mr. Ray Hoffman, Accountant, presented to the Council the Village Financial Statement which was reviewed. On a motion made by Councilman Pearson and seconded by Councilman Hill approving the Clerk - Treasurer Financial Statement. The following.voted in favor thereof: Councilmen Hill, Pearson, Klingelhutz,_ and Bennyhoff. No . negative votes. Motion carried. REZONING APPLICATIONS: Councilman Klingelhutz-moved that the two applications submitted at the February 19_, 1968, meeting be brought out for discussion at this time. Motion seconded by Councilman:.Pearson. Roll call vote - Councilman Hill - aye, Councilman Bennyhoff --no,... Councilman Pearson - aye, Councilman Klingelhutz - aye. One negative vote, motion carried. Mayor Coulter stated the following: We have found documents regarding the rezoning of the Beiers property from the Old Village records._ The application was made.by the Beiers Company to have'the property zoned Industrial. The notice:of the Public Hearing was published in the Weekly Valley Herald. The - Planning Commission held the Public Hearing and recommended to the Council that this.be zoned Industrial. The Village Council met on November 4, 1963, and approved the rezoning. The only:part of the proceedings that we did not find was the Ordinance rezoning this. George Buschkowsky was Mayor and August Sinnen was Clerk at that time. Now we know what their intent:was and I think we should honor the wishes of the Old Village. It was the desire of the people who lived in the Village prior to the merger that this property be zoned Industrial. February 26, 1968, Minutes continued Councilman Hill stated that you can't make statements now that the Village can't substantiate. Councilman Klingelhutz asked Attorney Larson if the desire of intent is present would not the proceedings be in order. Attorney Larson stated that the action was ineffective to rezone this land, the proceedings were inadequate and incomplete. Each Councilman was then polled as to whether they think the property in concern should be zoned Industrial. Councilman Pearson: In favor of the area to be zoned Industrial. Suitable tract. Can't think of it being zoned anything else. Prefer to have a better Ordinance than our present zoning Ordinance. Councilman Klingelhutz: I thought it was zoned Industrial. I believe everyone living.in the Old Village thought it was zoned Industrial. Councilman Bennyhoff: I think it should be zoned Industrial. As much as I would like to honor the Old Village Council's wishes I am forced to go.along with the present Planning Commission's thinking. No action should be taken until we have the proper Ordinances. Councilman Hill: No qualms in zoning this Industrial. The question is what kind of Industrial and .what Ordinance will it be zoned under. L.. J. Moriarty: Attorney for the Beiers Company spoke briefly about the rezoning of the property in 1963. There has been a defect made of which we could do nothing about. We have been misrepresenting the property. Attorney Larson: stated that all we can do is fall back on the statute that there is a defect in the proceedings because of Ordinance never was enacted. I think that so far as it is possible an effort should be made to resolve this unfortunate situation and further stating we should have an Ordinance much more suitable than the one we presently have. He also stated that the proposed Planned Industrial Ordinance would not be a zoning ordinance if Section 2 Land- Description were deleted. Councilman Pearson stated that based on what Attorney Larson just said he would move for the adoption of Ordinance #23 - Planned Industrial Ordinance with, the following variations: Section #4 - 40 instead of 80 acres. Section.46, Subd. #3 - 1 /10 grains rather than 3 grains Page 12 under C Subd. #1 - 45 feet rather than 60 feet Building - 4 stories or 45 feet Page 17 (I) insert C -Wood; insert or decorative, concrete block Section C, Subd. #2 - 100 feet instead of 75 feet Delete Section #2 - Land Description Councilman Klingelhutz seconded the motion. Roll call vote taken° Councilman Hill - no (prefers to have the Ordinance go through the Planning Commission), Councilman Bennyhoff - no (we should take a look at Bloomington's Ordinance, would also like to see this go through the Planning Commission), Councilman Pearson - yes, Councilman Klingelhutz - yes, Mayor Coulter - yes. The Attorney was asked if a 4/5 vote or 2/3 vote was needed to.pass the Ordinance. Larson stated he prefers to see a 4/5 vote, but that it could pass on a 2/3 vote. The Ordinance declared passed - 2 no votes, 3 yes votes. Attorney Moriarty withdrew his petition from Beiers Company to have the land zoned Industrial. He will re -apply under the new Ordinance. Mr. Herb Bloomberg was present. He too withdrew his application for rezoning. February 26, 1968, minutes continued (page 3) ROAD: Mr. John Rainy appeared before the Council and made the following request regarding the road in front of his home. 1. Would like to have the road named. 2. Because this road.is highly traveled, would like to have.it blacktopped. 3." 'if not blacktopped, some sort of oiling program. Mayor Coulter stated that the Planning Commission is working on street naming. The oiling project will be turned over to the Maintenance Committee. They are to report back to this Council on March 18th. at 9:00 P.M. with some recommendations. Mr. Rainy also asked that a speed limit be put on this road. The Council refers this to the Police Department. LIQUOR LICENSE FEES: A portion of the Liquor Ordinance was read. Councilman Pearson and Councilman Klingelhutz committee on Liquor made the following recommendation that the license fee for intoxicating liquor be set at the following: Off Sale License - $100.00 (set be State) On Sale License - $2,250.00 Councilman Pearson moves that the On Sale intoxicating liquor license fee be set at $2,250.00. Councilman Klingelhutz seconded the motion. The following voted in favor thereof: Councilmen Pearson, Klingelhutz, Hill and Bennyhoff. No negative votes. Motion carried. INSURANCE BIDS: The Insurance Bids which were opened on January 26, 1968, were discussed at this time. Each Bid was read: Schneider. Insurance. $ 3,967.00 Capesius Agency 4,319.00 Wulf Agency Partial Bid 1st National Ins., Waconia 5,241.50 Magnuson Insurance 4,207.00 Roger Hennessy Agency 2,935.60 On a motion made by Councilman Pearson and seconded by Councilman Hill that the Village accept the low bid of Roger Hennessy. The following votes were cast: Councilman Hill - yes, Councilman Bennyhoff - yes, Councilman Pearson - yes, Councilman Klingelhutz - yes. No negative votes. Motion carried. The Council instructed John Bragg, agent for Hennessy to have the insurance effective April 1, 1968. MAYOR'S VOTE: The Attorney informed the Council that when the Mayor does not vote it means a yes vote. KELM JUNK CARS: It was reported again that numerous complaints have been received regarding the Kelm junk cars. A letter from Bowen was discussed regarding this s. Attorney Larson was given orders to take immediate action on removal of junk cars at Kelm. MAINTENANCE DEPARTMENT: Henry Wrase, related to the Council that Doug Frit Department as of Februaryl6, 1968. for a full time Maintenance Man. On Bennyhoff and seconded by Councilman advertise for a full time Maintenance Herald and once in the Maverick. The Councilmen Hill, Bennyhoff, Pearson, Motion carried. Maintenance Superintendent, z resigned from the Maintenance A discussion was held to advertise a motion made by Councilman Klingelhutz that the Village employee, once in Minnetonka following voted in favor thereof: and Klingelhutz. No negative votes. February 26, 1968, minutes continued HALLA NURSERY - BURNING: The Clerk was instructed to send Mr. Halla a letter regarding burning�of trash FIREARMS SAFETY PROGRAM: Councilman Klingelhutz' told the Council two qualified men in the Village are going to conduct a Firearms Safety Program. They would like a for practice = shooting for the boys taking the course. The Council referred this to the Park and Recreation Commission SAFE'AND STORAGE UNIT On a motion made by Councilman Bennyhoff seconded by Councilman Pearson that the Clerk order a counter storage unit and safe. The following voted in 'favor thereof: Councilman Klingelhutz, Hill, Pearson, and Bennyhoff. No negative votes. Motion - carried. FIRE DEPARTMENT HOSE: Councilman Klingelhutz moved that the'Village order 1,000 feet 22" Blazeguard Blazeron * Hose and 18 Spanner Belts from Weber and Troseth, Inc.. as per bid. The following voted - in favor thereof:' Hill, Bennyhof and Klingelhutz .='' No' negative votes Motion carried FIRE DEPARTMENT: - The Fire Department has asked if the Village will plow out all the fire lanes. The Council asks the Fire Department to identify all fire lanes on the map. On a motion made by Councilman Bennyhoff and seconded by Councilman Pearson meeting adjourned. TIME: 12: . K y �li elh z Village Clerk 1